Law Of Discipline To The Staff Of The Navy Of Mexico

Original Language Title: Ley de Disciplina para el Personal de la Armada de México

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Law of Discipline for the Personnel of the Mexican Navy

DISCIPLINE LAW FOR MEXICAN NAVY PERSONNEL

Official Journal of the Federation on December 13, 2002

On the sidelines a seal with the National Shield, which reads: United Mexican States.-Presidency of the Republic.

VICENTE FOX QUESADA, President of the United Mexican States, to its inhabitants known:

That the Honorable Congress of the Union, has served to address the following

DECREE

"THE GENERAL CONGRESS OF THE MEXICAN UNITED STATES, DECREES:

DISCIPLINE LAW FOR MEXICAN NAVY PERSONNEL

CHAPTER I

General Provisions

Article 1.- This Law shall apply to all personnel in accordance with the provisions of the Organic Law of the Mexican Navy.

Article 2.- This order establishes the guidelines of conduct that, based on the principles of obedience, justice, ethics and a high sense of honor, must guide the personnel of the Mexican Navy in the fulfillment of their duties; as well as the stimuli and sanctions that in the different cases proceed.

Article 3.- Navy personnel will observe the vital principle of discipline as a duty of obedience that enables him to command.

Article 4.- For purposes of this Law:

I. Duty is the set of obligations that the service imposes on the personnel of the Navy by virtue of the hierarchy it holds or the position or commission it carries out, and Its compliance is the means by which the discipline is obtained.

The naval personnel will fulfill their duty with dignity and will avoid, in the exercise of command, that they act with unconcern and warmth or in conflict with the true spirit of the profession that assumes loyalty, obedience, courage, boldness, disinterest and self-denial, and

II. Acts of the service are those executed by the naval personnel, isolated or collectively, in compliance with orders they receive or in the performance of the functions that they are competent according to their hierarchy, position or commission, in accordance with the laws, regulations and provisions of the Navy.

Article 5.- The Navy's service demands that the naval personnel fulfill their duty in defense of the sovereignty of the State, of the institutions and of the prestige and public image of the Mexican Navy.

Article 6.- It is the duty of the superior to encourage those who excel in the fulfillment of their obligations, as well as to prevent the subaltern from infringing this ordering and, only as a last resort, sanctioning them.

Article 7.- All Navy personnel will be responsible for maintaining discipline in proportion to their hierarchy, position or commission, considering the next:

I. The hierarchy defines the duties that correspond to the performance of the different services and commissions assigned to them in the units and naval establishments; and

II. The charges or commissions entrusted to you by the authorized controls require you to perform the duties and duties established by the rules of this Law, organisation manuals, systematic procedures for operation and other applicable provisions.

Article 8.- The maintenance of naval discipline will be firm and reasoned, and will be sanctioned:

I. All unnecessary rigor and imposition of penalty not determined by laws or regulations;

II. Requirements that exceed the needs or conveniences of the service, and

III. In general, everything that constitutes an overstep by the superior to his deputies.

CHAPTER II

Military Marine Duties

Article 9.- Staff, from their discharge in the active duty of the Navy, are obliged to comply with the naval duties imposed by their situation as a member of the institution, in accordance with its hierarchy and with the office or commission it carries out.

Article 10.- Every member of the Navy who is aware that something is being attempted against the interests of the Homeland or the Armed Forces, has the strict the obligation to give part of this to the required brevity, to the immediate superiors; and if they do not give due importance to their information, they will be able to go to the immediate superiors of the first ones, and to insist on their warnings until they have knowledge that the efforts of superiority have been initiated to prevent it .

He who, by his indolence, apathy or lack of patriotism knowingly conceals reports of this nature, will be punished according to the Military Justice Code.

CHAPTER III

Guidelines for Conduct

Article 11.- The orders relating to the service must be legitimate, timely and accurate, without entering into execution details, those that will remain the initiative of the subaltern and shall be fulfilled without delay or censure.

Article 12.- Whoever has a command, position or commission, is empowered to issue orders, will never hesitate to take the initiative and will always assume the responsibility for the results of their decisions. The limits of this power are indicated in this Law and other applicable laws.

Whoever exercises command will do so according to his duties and duties, fulfilling and enforcing the orders and provisions in full.

Article 13.- The relationship between superiors and subordinates is based on mutual respect. The samples of respect will be observed still wearing a civilian.

Article 14.- The subordination will be rigorously respected between the degree and the degree of the naval hierarchy, in order to keep each one within the limit of their duties. and rights.

Among individuals of the same degree will be subordination, when one of them is invested with the command or position, either of a titular, interim, accidental or incidental character.

Article 15.- Navy personnel are required to comply with orders that are written or verbally received. In case of receiving others who object to the previously received, you must respectfully expose them to the new order.

Orders must be met in the time indicated by the superior, except in cases where force majeure circumstances occur that modify the time required for your execution. In this situation, part of the decision taken, as soon as possible, will be given to the superior who gave the order.

Article 16.- The superior who of an order, has the duty to require that he be satisfied and the subalterns to comply with his execution and will be responsible for the omissions in which the deputies incur.

Article 17.- Who receives an order and warns that the commission of a punishable fact or an infringement can be clearly derived from its execution disciplinary, must expose it to the superior who gave it and in case to persist the order, request it in writing to safeguard its responsibility.

Article 18.- Navy personnel are obliged to act with equity and energy to fulfill their obligations, in order to obtain the respect and obedience of their subordinates. All superior has the obligation to instruct, educate and direct within the naval norms the personnel under his command; to fulfill this obligation, he must strive to know the personal characteristics of his deputies.

Article 19.- Who commands a unit, whatever its magnitude or composition, should inspire in it the satisfaction of the compliance with the laws and regulations, as well as the orders of superiority; being obliged to avoid spreading ideas and rumors that impede the fulfillment of obligations, or that are depressing for their subordinates.

Article 20.- In case of aggression, whoever exercises the command will repel attacks with all the means available; it will infuse their subs with encouragement and enthusiasm. necessary, and will prevent or repress acts that may cause demoralization.

Article 21.- Navy personnel, whatever their hierarchy, position or commission, will not intervene in the matters of the jurisdiction of the civil authorities, It will not hinder its functions and respect its determinations. When the civilian authority requires the assistance of the Navy personnel, it will be given prior authorization from the High Command.

When the development of activities of higher importance for military institutions is put at risk, in the event of a flagrant crime, the personnel of the Navy he must stop the offender from the law, making it available to the competent authorities immediately.

Article 22.- In dealing with the civilian population, the personnel of the Navy must observe a dignified and respectful behavior of the rights of the people.

Article 23.- The superior will seek to make no observations or corrections to the military in the presence of the lower-ranking personnel and even less of the civilians.

Article 24.- Navy personnel will raise their requests through regular channels, respecting the level of authority that corresponds to the hierarchy, charge or commission to carry out; in the event of a complaint for not having received a reply to his request or for having been the subject of a tort, he/she may resort to the next level of authority, until, if necessary, before the President of the Republic.

Article 25.- At any written request, formulated in respectful terms, the resolution should be placed on the right as soon as possible. the person to whom he has addressed, who shall be obliged to communicate that decision to the person concerned.

Any request that has been denied by the superiority may not be repeated but after the need for the service that motivated the refusal has disappeared.

Article 26.- If there is any difference or doubt about any act of service among the personnel of the Navy, it must be subject to the resolution of the higher than those who are dependent.

Article 27.- Every military marine has an obligation to support the elements belonging to the Mexican Navy, Army or Air Force, when they are seen committed.

Article 28.- The staff, will respect and safeguard the honor of the families of the superiors, their peers and the deputies.

Article 29.- Navy personnel may only be subject to deductions by law or judicial resolution.

It is forbidden:

Make deductions to the staff of the Navy, without authorization of the law or without a judicial resolution.

Perform any act of agio or trade with any subs whatever their origin or amount.

Everyone who exercises the command or position has an obligation to repress such acts, by consignating the offenders to the competent court of justice.

Article 30.- Senior officers in chief and senior officers may provide any information, unless classified as personal, material, facilities, operations and other matters relating to the Navy; the subordinate controls may do so with the authorisation of the relevant command.

Article 31.- The human resource shall only be assigned to the regulatory tasks inherent in its service or commission. The material and financial resources owned by the nation shall only be used for the purpose required by the requirements of the service, in accordance with the directives, orders and slogans issued for its use.

Article 32.- The naval personnel will use their costumes in the manner that they prevent the regulatory provisions regarding uniforms, flags and currency of the Armed, keeping it always clean and without breakages.

Article 33.- Navy personnel will make special efforts in the preservation of the material under their care or charge, subject to what they establish. regulations, provisions or instructions for operation, maintenance, repair and other inherent in such material belonging to the Navy.

Article 34.- The obligations according to the hierarchy, as well as the different interior services, routines, touches and others, in the units and establishments, shall be organised and implemented in accordance with the provisions of the respective regulations.

Article 35.- The Navy personnel will always act with the best of composure and education, refraining from creating situations that cause distress or disrepute to the Institution.

Article 36.- Naval personnel may:

I. Express your ideas as long as they are not matters that affect discipline, third-party rights, or are related to classified activities the Navy;

II. Submit complaints about your superiors to whom you can remedy them;

III. Attend uniformed to the temples or places where religious ceremonies are practiced with the authorization of the command from whom they are dependent, and

IV. Participate in uniform, upon authorization of the command from whom they are dependent, in cultural and sporting events.

Article 37.- Navy personnel are prohibited:

I. Murmuring against the higher orders and guidance of the supreme command, being able to ask for its service discharge when it is not in compliance with them;

II. Conduct political or religious proselytizing activities in the Navy's units and establishments or in service acts;

III. Provide information about classified Navy material;

IV. Distract from the duties imposed on you by your hierarchy, command, position or commission, without permission from your immediate superior, unless circumstances are present. extraordinary or not provided for in this Law, in which case it shall be held under its sole responsibility;

V. Give credit to anonymous complaints or complaints, whatever they are;

VI. Curse one or more anonymous. Whoever is identified, will be sanctioned under military criminal law;

VII. Make pressure to get from another member of the Navy, whatever their sex, certain concessions or favors;

VIII. To request the superiority of the change of attachment of a subaltern by means that are not provided for by law or regulations;

IX. Enter canteens, garitos, or prostitution sites, wearing uniform;

X. Participate in marches, shows, or representations;

XI. Mix the garments of the different uniforms with each other or with the countrywomen;

XII. Accept any commitment that implies dishonor, lack of discipline, or impairment of the Institution's reputation, and

XIII. Empenate your word of honor, when you do not have the security to fulfill it.

CHAPTER IV

Of The Stimulus

Article 38.- Navy personnel who are distinguished by their timely and efficient performance in fulfilling their obligations will be deserving of a stimulus, which will be written, seeking with this, that the rest of the staff will imitate this behavior for their own benefit and the institution.

Article 39.- The conditions to be taken into account to grant a stimulus will be, among others:

I. The meritorious performances in the performance of your commissions;

II. The circumstances related to your actions, and

III. The beneficial consequences for your unit or establishment, or for the Navy.

Article 40.- The stimuli may be granted to all naval personnel who will be entitled to the judgment of their officers, who will be empowered to evaluate the actions carried out by his deputies.

The holder of a unit or establishment will grant the stimuli to his deputies. A copy of these stimuli must be entered in the military's body file and, in the case of admirals, captains and officers; it will also be sent to the General Staff of the Navy.

CHAPTER V

Preventive and Disciplinary Corrective Measures

First Section

Generalities

Article 41.- The means to channel discipline are preventive measures and disciplinary corrective measures; the first is used to preserve it, keep and invigorate it; the latter to reset it when it has been broken.

Article 42.- Preventive measures are the actions aimed at showing the human element the basic norms of behavior; urging it to stay inside of the guidelines of conduct, and motivate him to persevere in the fulfillment of his duties.

Article 43.- Corrective discipline is the sanction imposed on Navy personnel as a result of having violated a legal or regulatory precept, and the Infringement does not constitute a crime. It aims to correct the conduct contrary to the naval discipline and to avoid the reoffending.

Article 44.- Whoever infringes a legal or regulatory precept shall be liable to a disciplinary corrective, in accordance with its hierarchy and the magnitude of its fault. If such an offence constitutes a crime, the offender shall be subject to the relevant process in accordance with military criminal law and, where appropriate, the federal or common jurisdiction.

Article 45.- These are violations of this Law and will be disciplined in a disciplinary manner according to the seriousness of the cause, the following faults:

I. Conduct that affects discipline, prestige, and public image of the Navy;

II. Failure to comply with obligations and duties, as well as inappropriate conduct and those which, in general, adversely affect the unit, establishment or the Navy;

III. Raise unfounded complaints, make public false allegations, or commit indiscretions in service matters, as well as express misrepresentation of their superiors;

IV. The use of drugs or psychotropic substances, as long as it is not by prescription;

V. The intake of alcoholic beverages to the detriment of the service;

VI. The practice of games prohibited by law;

VII. Violations of police regulations or camps and good governance, and

VIII. Non-criminal professional negligence.

Article 46.- The faults to the naval discipline referred to in the previous article and those derived from them, shall be classified in:

I. Minor Faults, and

II. Serious Fhighs.

The High Command will issue a catalogue in which the faults that correspond to each classification will be established. This catalog, as well as the criteria for graduating the faults and for qualifying them, will be governed by this Law and its regulations.

Article 47.- Mild faults are those that are committed by action or omission against the provisions of this Law, its regulations and other ordinances naval and military, which affect the discipline of the Navy.

The penalty for these faults will be the responsibility of the owners of the Navy's units and establishments, as well as personnel appointed by the command.

Article 48.- Serious faults are those that are committed by action or omission against this Law, its regulations and other ordinances, which affect, in addition to discipline, prestige and public image of the Navy.

The penalty for these faults will be the responsibility of the disciplinary bodies.

Article 49.- They have the power to impose disciplinary corrective actions:

I. Staff, from admirals to cabs, to lower-hierarchy individuals;

II. The controls and personnel by reason of their charge or commission, their deputies and those of their own hierarchy when they are subordinate to them, and

III. The disciplinary bodies.

Article 50.- The disciplinary correctives are:

I. Amonstation;

II. Arrest;

III. Change of attachment in observation of your conduct to a subalternate commission;

IV. Suspension of the scalar rights for promotion purposes, for up to one year;

V. Make available for orders for a period no longer than one year. Staff in this situation will not be proposed for promotion, and

VI. Low Active Service.

Article 51.- Regarding the previous article, the holders of the Navy's units and establishments, and the hierarchy, have competence only for impose the disciplinary corrective measures laid down in fractions I and II, while the disciplinary bodies have competence to impose the disciplinary corrective measures laid down in the fractions I to the V. The corrective Section VI shall be imposed as provided for in Article 63 of this Regulation. Law.

The disciplinary corrections imposed and graduated by the disciplinary bodies will have effects with the respective communication.

If the controls have subordinate to hierarchical superiors, the disciplinary problems between the two will be solved by the superior immediate command.

Article 52.- The admonition is the act by which the superior warns the subaltern of the omission or defect in the performance of his duties, urging him to correct in order not to incur the fault again and to be a creditor to a greater punishment. The warning can be done in writing or in writing.

When the warning is in writing, it must be formulated in terms that do not denigrate and if you are invited not to incur the same or different fault, such warning in the case of the infringer.

Article 53.- The arrest warrant is the retention that a member of the Navy suffers for a term of twenty-four hours up to 15 days with or without prejudice to the service in your official accommodation, guard precinct in prevention or in prison, as the case may be.

The arrest warrants will be communicated in writing. However, if they are communicated verbally, they will have immediate effect, but must be ratified in writing within 24 hours, indicating the reason and basis of the same; in the event that the order is not ratified, the order will be without effect.

Trying to arrest personnel with a category of admiral and ship captains, a copy of the document will be sent to the General Staff of the Navy.

Article 54.- They have the power to graduate arrests:

I. The Supreme Command and High Command;

II. The Deputy Secretary, Chief Officer, Inspector and Comptroller General of the Navy Secretariat, and the Chief of the General Staff of the Navy;

III. Top controls in chief, top controls, and subordinate controls;

IV. The heads of units, CEOs, and store managers;

V. The presidents of disciplinary bodies, and

VI. The admirals, captains, and officers expressly designated by the respective Command.

Article 55.- The High Command will have the power to impose and graduate arrests for up to eight days, and disciplinary bodies for up to 15 days in prison.

Except for the above cases, the maximum graduation of the arrests according to the hierarchy of the offender, will be as follows:

I. To admirals for up to twenty-four hours;

II. To captains for forty-eight hours;

III. To officers for ninety-six hours, and

IV. To classes and marinery for up to eight days.

Article 56.- The Inspector and Comptroller General of the Navy will be able to impose and graduate the arrests that come from the responsibilities of the naval personnel, as a result of inspections and audits. It may also recommend to the holders of the units and establishments that the offenders are dependent, to order the offenders to appear before the disciplinary bodies or, where appropriate, to submit complaints to the competent authority. which correspond.

Article 57.- The officers empowered to graduate arrests, will do so with the staff under their direct orders, or with the one who temporarily finds himself a commissioner. in the unit at his command.

Article 58.- The personnel receiving arrest warrant will give part to their command and the superior who has imposed the corrective, the time it starts and the time it ends. to comply with it. In the cases of admirals, captains and officers, it will be done in writing; in the cases of the staff of classes and marineria, it will be done verbally.

Article 59.- The graduation of the arrests, will be in proportion to the failure committed, the hierarchy and background of the offenders, as well as the existence of mitigating or aggravating circumstances.

Article 60.- The superior who imposes an arrest or admonition in violation of this Law, shall be liable to disciplinary or criminal liability in the case of effects resulting from the misuse of the faculty you have to arrest or to admonish.

Article 61.- The change in the observation of your conduct to a subaltern commission consists in designating the sanctioned a minor charge in another unit or establishment, for up to six months. Once the sanction has been concluded, the corresponding command must inform the General Staff of the Navy about the conduct and conduct of the sanction, in order to be considered for its next commission.

Article 62.- The suspension of the escalatory rights is that the offender cannot be considered for the higher immediate degree during the the time limit to be determined by the respective disciplinary body. The period referred to above may be up to one year, from the moment when the penalty corresponds to being called to participate in promotion.

Article 63.- The Low of the Active Service consists of the definitive separation of the Active Service with the total loss of the rights corresponding to the hierarchy of the the offender and his/her service time. This corrective will be applied:

I. In the case of auxiliary militia personnel, both by disciplinary bodies and by the courts, and

II. In the case of permanent militia personnel, it will only be applied by courts.

Article 64.- Military seafarers may be inconformed to the imposition of the various disciplinary corrective measures. The superior authorized to graduate will listen separately to both parties in order to evaluate the evidence and arguments that may be presented to you to decide whether or not you are attending the reason. The graduation of the arrests may not be the subject of non-conformity.

The personnel empowered to graduate arrests may suspend them, until as long as they find out whether or not the non-conformity that is being proposed to them is appropriate, as well as to be nullified, that is, to leave them without effect, when there are justified reasons for doing so.

Article 65.- In case a disciplinary corrective is suspended or nullified by the authority that graduated it, who imposed it, if it does not agree with this resolution, may express its inconformity to the superior who has ordered the suspension or nullification of the disciplinary corrective.

Article 66.- Staff who are in a situation of disposition pending orders by resolution of a competent disciplinary body, shall be subject to be appointed commissions of the service according to its hierarchy, and to comply with the routine of the unit in which it is framed, it should not be appointed in the meantime, any charge, nor be proposed for promotion.

Section Second

Criteria for Corrective Imposition and Graduation

Article 67.- Violations classified as faults to the discipline in this Law shall not be punishable when it is demonstrated that they occurred because of force majeure.

Article 68.- Prior to the imposition of a sanction, the military sailor must be informed of the background of the subordinate, consulting if possible, his/her file in order to have elements of judgment to make a fair decision.

Article 69.- Upon graduation of a disciplinary corrective, the offender's conduct, as well as the magnitude of the consequences arising from the lack.

Article 70.- An infringer must not be punished twice by the commission of the same fault, either with two different sanctions or by different superiors.

Article 71.- When more than one infringer appears in the commission of a fault, the necessary inquiries will be made to establish the responsibilities individual and corrective measures will be imposed in the same way; collective penalties will therefore not be imposed.

Third Section

Of The Mitigating Circumstances

Article 72.- It is extenuating circumstances for arrest graduation the following:

I. To have committed the lack influenced by some superior;

II. Having distinguished yourself for your services or behavior within the Navy;

III. Having a history of little or no incidence of faults committed;

IV. Accept spontaneously the responsibility for the fault and manifest the will not to commit again;

V. Cometer the lack driven by a manifest desire to fulfill your obligations;

VI. Take the initiative to implement actions to repair the consequences of the fault by itself, and

VII. Any other circumstance that in the judgment of the superior decreases the severity of the fault or causes the non-intentionality of the offender to be presumed.

Section Fourth

of Aggravating Circumstances

Article 73.- These are aggravating circumstances for arrest graduation:

I. Finding yourself by performing activities within your unit or establishment under the influence of psychotropic substances, at the time of the fault;

II. In the commission of the fault, abuse the trust that the superior has deposited;

III. Cometer the lack in the presence of junior staff, becoming a bad example for them;

IV. The recidivism in the fault commission;

V. Try to evade the responsibility that was incurred, involving other Navy personnel;

VI. Try to hide the evidence of the missing or the results of the fault;

VII. Be complicit in any subaltern for the fault commission;

VIII. Try to hide the consequences of the missing, by the commission of a new one;

IX. That the failure committed transgresses multiple sorts at the same time;

X. Infringing an order in the presence of foreign personnel to the Navy;

XI. Abusing the hierarchy or charge that you perform to commit the fault, and

XII. Other circumstances than in the corresponding command, increase the severity of the fault.

CHAPTER VI

Disciplinary Bodies

Article 74.- The disciplinary bodies that are aware of the serious faults are as follows:

I. The Council of Ordinary Honor, which will know of the serious faults committed by the officers without command, classes and marinery; this Council will operate in units and establishments with subordinate command, superior command and top command;

II. The Council of Superior Honor, which will know of the serious faults committed by the captains without command in any situation they encounter, as well as the officers with command and the members of the Ordinary Honor Council are incurred, and

III. The Board of Admirals, which will know of the serious faults that the admirals commit in any situation in which they are found, the captains with command and the Members of the Higher Honor Councils.

The Superior Honor Council will operate in the units with superior command in chief; whereas, the Board of Admirals will do so at the headquarters of the High Command.

Article 75.- The disciplinary bodies will operate according to their own rules.

Article 76.- All Navy personnel who are judged by a competent court or body and are innocent shall be returned to their position and shall not be injured to obtain future charges and promotions for that cause. In the event of a guilty party, the penalty will be punished as determined and enforced will be returned to the effective service, subject to the corresponding legal precepts.

Article 77.- When a member of the Navy does not comply with the resolutions of the disciplinary body that judged him, he may appeal to the body the case of resolutions issued by the Board of Admirals, they will be analyzed by the Council of Reduced Admiralty.

Article 78.- In the training schools and training centers of the Navy, minor and minor faults committed by cadets, scholars and students will be sanctioned by the hierarchy, command or disciplinary bodies of such plants in accordance with the specifications of the relevant regulations.

Article 79.- The prescription extinguishes the action of sanctioning the fault, and for this it will suffice the simple passage of time indicated in the regulation.

Article 80.- The prescription is personal, it will produce its effect even if it is not the exception of the infringer. The disciplinary bodies shall supply it of their own motion so soon as they have knowledge of it; whatever the state of the administrative procedure.

TRANSIENT

First.- This Law will take effect the day after its publication in the Official Journal of the Federation.

Second.- The Mexican Navy Discipline Law is repealed, published in the Official Journal of the Federation dated December 26, 1978.

Mexico, D.F., as of October 31, 2002.-Sen. Enrique Jackson Ramirez, President.-Dip. Beatriz Elena Paredes Rangel, President.-Sen. Yolanda E. González Hernández, Secretary.-Dip. Adela Baptist Cerezo, Secretary.-Rubicas."

In compliance with the provisions of Article 89 of the Political Constitution of the United Mexican States and for their proper publication and observance, I ask for this Decree in the Federal Executive Branch, in Mexico City, Federal District, at the eleven days of December of two thousand two.- Vicente Fox Quesada.-Heading.-The Secretary of the Interior, Santiago Creel Miranda.-Heading.